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Crossed Car Loan Account has cost me!

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Dcole0183

Member
What is the name of your state? Florida
My husband and I have a joint car loan with Capitol One. We have auto drafted payments that come out on the 3rd of every month. The life of the loan that is left is about 2 years and our payments are $425 ( it’s actually less then this but we round up a couple dollars to make it even for us to keep track of). Anyways, So in May 2019 our payment came out as usual but the 15th came around and there was a note on our property gate that a repossession company was trying to come to take our car. Extremely confused we called Capitol One and they said our payment arrangement we called to make the day before didn’t go through... the arrangement was for $1500... (1) we never made any phone call (2) we never made any arrangement with them (3) who Is this person that made that arrangement for that dollar amount because IF we had we would have made it for maybe 3 payments which doesn’t add up to $1500 (4) we don’t have that kind of disposable income anyways to even entertain such an arrangement. So after a couple days of back n forth they found out our loan account and someone else’s was crossed on their end and “ they would fix it”. Fast forward to 2 month later so July 2019 the note on our gate again for attempt to repossess the car... So we call again and we tell this that this is not for our loan with them and they need to look back at the notes from May 2019! They say “ yes yes we will fix it our mistake.” So we are in the middle of working with a credit expert so we are monitoring our credit every few months and after a couple months ( I believe in October) I noticed my car loan was stating it was charged off and that there was a $16,000+ balance debt... yet we are still paying every month on our loan. My husband’s credit at the time stated the correct information about our loan which is that we had around $9,000 left on the loan and everything was still up to date as it has always been. So we tell our credit expert about this and she is baffled as to what is going on... but she will work on it. Fast forward to 1-15-2020 and my husband went with me to a doctors appointment at the hospital and we come back out and a tow truck is taking our vehicle, they have an order for repossession ( so embarrassing) and they take the vehicle and we are stuck stranded and had to take an Uber home. Capitol One wouldn’t even talk to us until the tow yard had the car. We triple checked with the bank and everything is still good on our end so what the heck are they taking our car for?! So hours of back n forth they admit they have the account mixed up and our pay off is not $16,000+ ( which btw we told them you can see we have made payment every single month?! Where is the money going?! Also you can see how many months are left on MY loan and the monthly payment... that doesn’t add up to $16,000+ it should be more like $8,000... so that had them thinking so they started digging) but just over $8,000 as it should be. So they told us they would fix it. Here is where the problem is. Now BOTH my husband and I have this wrong loan account info on our credit! They have completely switched on our credit and it’s been killing us. How do I (1) get them to fix the credit part (2) hold them accountable for the damage they have done to our credit (3) how do I ensure this doesn’t happen to us in the future (4) do I have legal recourse because they literally stole our car without legitimate reason and while Uber isn’t crazy expensive it still was over $30 to get home and we are a disabled veteran family who doesn’t ( once again) have that kind of disposable income to throw around at stupid crap like this for THEIR mistake. They returned the car to us of course and we didn’t have to pay anything because it was their mistake which is great but our credit is screwed now and we need to know how to fix this and hold them accountable. They are “ supposedly” sending us OUR loan documents in the mail and “ supposedly” via email within 72 hours so we have the documents to cover us in the future... but this is such a bad situation for us and I don’t need or want this to happen in the future because there hasn’t been recourse for THEIR mistake.
Sorry that was long but I am really angry.
 


Just Blue

Senior Member
What is the name of your state? Florida
My husband and I have a joint car loan with Capitol One. We have auto drafted payments that come out on the 3rd of every month. The life of the loan that is left is about 2 years and our payments are $425 ( it’s actually less then this but we round up a couple dollars to make it even for us to keep track of). Anyways, So in May 2019 our payment came out as usual but the 15th came around and there was a note on our property gate that a repossession company was trying to come to take our car. Extremely confused we called Capitol One and they said our payment arrangement we called to make the day before didn’t go through... the arrangement was for $1500... (1) we never made any phone call (2) we never made any arrangement with them (3) who Is this person that made that arrangement for that dollar amount because IF we had we would have made it for maybe 3 payments which doesn’t add up to $1500 (4) we don’t have that kind of disposable income anyways to even entertain such an arrangement. So after a couple days of back n forth they found out our loan account and someone else’s was crossed on their end and “ they would fix it”. Fast forward to 2 month later so July 2019 the note on our gate again for attempt to repossess the car... So we call again and we tell this that this is not for our loan with them and they need to look back at the notes from May 2019! They say “ yes yes we will fix it our mistake.” So we are in the middle of working with a credit expert so we are monitoring our credit every few months and after a couple months ( I believe in October) I noticed my car loan was stating it was charged off and that there was a $16,000+ balance debt... yet we are still paying every month on our loan. My husband’s credit at the time stated the correct information about our loan which is that we had around $9,000 left on the loan and everything was still up to date as it has always been.

So we tell our credit expert about this and she is baffled as to what is going on... but she will work on it. Fast forward to 1-15-2020 and my husband went with me to a doctors appointment at the hospital and we come back out and a tow truck is taking our vehicle, they have an order for repossession ( so embarrassing) and they take the vehicle and we are stuck stranded and had to take an Uber home. Capitol One wouldn’t even talk to us until the tow yard had the car. We triple checked with the bank and everything is still good on our end so what the heck are they taking our car for?! So hours of back n forth they admit they have the account mixed up and our pay off is not $16,000+ ( which btw we told them you can see we have made payment every single month?! Where is the money going?! Also you can see how many months are left on MY loan and the monthly payment... that doesn’t add up to $16,000+ it should be more like $8,000... so that had them thinking so they started digging) but just over $8,000 as it should be. So they told us they would fix it. Here is where the problem is.

Now BOTH my husband and I have this wrong loan account info on our credit! They have completely switched on our credit and it’s been killing us. How do I (1) get them to fix the credit part (2) hold them accountable for the damage they have done to our credit (3) how do I ensure this doesn’t happen to us in the future (4) do I have legal recourse because they literally stole our car without legitimate reason and while Uber isn’t crazy expensive it still was over $30 to get home and we are a disabled veteran family who doesn’t ( once again) have that kind of disposable income to throw around at stupid crap like this for THEIR mistake.

They returned the car to us of course and we didn’t have to pay anything because it was their mistake which is great but our credit is screwed now and we need to know how to fix this and hold them accountable. They are “ supposedly” sending us OUR loan documents in the mail and “ supposedly” via email within 72 hours so we have the documents to cover us in the future... but this is such a bad situation for us and I don’t need or want this to happen in the future because there hasn’t been recourse for THEIR mistake.
Sorry that was long but I am really angry.
White space is your friend. :)
 

LdiJ

Senior Member
What is the name of your state? Florida
My husband and I have a joint car loan with Capitol One. We have auto drafted payments that come out on the 3rd of every month. The life of the loan that is left is about 2 years and our payments are $425 ( it’s actually less then this but we round up a couple dollars to make it even for us to keep track of). Anyways, So in May 2019 our payment came out as usual but the 15th came around and there was a note on our property gate that a repossession company was trying to come to take our car. Extremely confused we called Capitol One and they said our payment arrangement we called to make the day before didn’t go through... the arrangement was for $1500... (1) we never made any phone call (2) we never made any arrangement with them (3) who Is this person that made that arrangement for that dollar amount because IF we had we would have made it for maybe 3 payments which doesn’t add up to $1500 (4) we don’t have that kind of disposable income anyways to even entertain such an arrangement. So after a couple days of back n forth they found out our loan account and someone else’s was crossed on their end and “ they would fix it”. Fast forward to 2 month later so July 2019 the note on our gate again for attempt to repossess the car... So we call again and we tell this that this is not for our loan with them and they need to look back at the notes from May 2019! They say “ yes yes we will fix it our mistake.” So we are in the middle of working with a credit expert so we are monitoring our credit every few months and after a couple months ( I believe in October) I noticed my car loan was stating it was charged off and that there was a $16,000+ balance debt... yet we are still paying every month on our loan. My husband’s credit at the time stated the correct information about our loan which is that we had around $9,000 left on the loan and everything was still up to date as it has always been. So we tell our credit expert about this and she is baffled as to what is going on... but she will work on it. Fast forward to 1-15-2020 and my husband went with me to a doctors appointment at the hospital and we come back out and a tow truck is taking our vehicle, they have an order for repossession ( so embarrassing) and they take the vehicle and we are stuck stranded and had to take an Uber home. Capitol One wouldn’t even talk to us until the tow yard had the car. We triple checked with the bank and everything is still good on our end so what the heck are they taking our car for?! So hours of back n forth they admit they have the account mixed up and our pay off is not $16,000+ ( which btw we told them you can see we have made payment every single month?! Where is the money going?! Also you can see how many months are left on MY loan and the monthly payment... that doesn’t add up to $16,000+ it should be more like $8,000... so that had them thinking so they started digging) but just over $8,000 as it should be. So they told us they would fix it. Here is where the problem is. Now BOTH my husband and I have this wrong loan account info on our credit! They have completely switched on our credit and it’s been killing us. How do I (1) get them to fix the credit part (2) hold them accountable for the damage they have done to our credit (3) how do I ensure this doesn’t happen to us in the future (4) do I have legal recourse because they literally stole our car without legitimate reason and while Uber isn’t crazy expensive it still was over $30 to get home and we are a disabled veteran family who doesn’t ( once again) have that kind of disposable income to throw around at stupid crap like this for THEIR mistake. They returned the car to us of course and we didn’t have to pay anything because it was their mistake which is great but our credit is screwed now and we need to know how to fix this and hold them accountable. They are “ supposedly” sending us OUR loan documents in the mail and “ supposedly” via email within 72 hours so we have the documents to cover us in the future... but this is such a bad situation for us and I don’t need or want this to happen in the future because there hasn’t been recourse for THEIR mistake.
Sorry that was long but I am really angry.
You need to tell them that they need to remove the incorrect information from your credit report. At the same time, you should challenge that entry with all three of the credit bureaus.
 

quincy

Senior Member
What is the name of your state? Florida
My husband and I have a joint car loan with Capitol One. We have auto drafted payments that come out on the 3rd of every month. The life of the loan that is left is about 2 years and our payments are $425 ( it’s actually less then this but we round up a couple dollars to make it even for us to keep track of). Anyways, So in May 2019 our payment came out as usual but the 15th came around and there was a note on our property gate that a repossession company was trying to come to take our car. Extremely confused we called Capitol One and they said our payment arrangement we called to make the day before didn’t go through... the arrangement was for $1500... (1) we never made any phone call (2) we never made any arrangement with them (3) who Is this person that made that arrangement for that dollar amount because IF we had we would have made it for maybe 3 payments which doesn’t add up to $1500 (4) we don’t have that kind of disposable income anyways to even entertain such an arrangement. So after a couple days of back n forth they found out our loan account and someone else’s was crossed on their end and “ they would fix it”. Fast forward to 2 month later so July 2019 the note on our gate again for attempt to repossess the car... So we call again and we tell this that this is not for our loan with them and they need to look back at the notes from May 2019! They say “ yes yes we will fix it our mistake.” So we are in the middle of working with a credit expert so we are monitoring our credit every few months and after a couple months ( I believe in October) I noticed my car loan was stating it was charged off and that there was a $16,000+ balance debt... yet we are still paying every month on our loan. My husband’s credit at the time stated the correct information about our loan which is that we had around $9,000 left on the loan and everything was still up to date as it has always been. So we tell our credit expert about this and she is baffled as to what is going on... but she will work on it. Fast forward to 1-15-2020 and my husband went with me to a doctors appointment at the hospital and we come back out and a tow truck is taking our vehicle, they have an order for repossession ( so embarrassing) and they take the vehicle and we are stuck stranded and had to take an Uber home. Capitol One wouldn’t even talk to us until the tow yard had the car. We triple checked with the bank and everything is still good on our end so what the heck are they taking our car for?! So hours of back n forth they admit they have the account mixed up and our pay off is not $16,000+ ( which btw we told them you can see we have made payment every single month?! Where is the money going?! Also you can see how many months are left on MY loan and the monthly payment... that doesn’t add up to $16,000+ it should be more like $8,000... so that had them thinking so they started digging) but just over $8,000 as it should be. So they told us they would fix it. Here is where the problem is. Now BOTH my husband and I have this wrong loan account info on our credit! They have completely switched on our credit and it’s been killing us. How do I (1) get them to fix the credit part (2) hold them accountable for the damage they have done to our credit (3) how do I ensure this doesn’t happen to us in the future (4) do I have legal recourse because they literally stole our car without legitimate reason and while Uber isn’t crazy expensive it still was over $30 to get home and we are a disabled veteran family who doesn’t ( once again) have that kind of disposable income to throw around at stupid crap like this for THEIR mistake. They returned the car to us of course and we didn’t have to pay anything because it was their mistake which is great but our credit is screwed now and we need to know how to fix this and hold them accountable. They are “ supposedly” sending us OUR loan documents in the mail and “ supposedly” via email within 72 hours so we have the documents to cover us in the future... but this is such a bad situation for us and I don’t need or want this to happen in the future because there hasn’t been recourse for THEIR mistake.
Sorry that was long but I am really angry.
I am not surprised that you are angry. Capital One has caused you significant difficulties. You could have a claim to pursue against Capital One.

Here is a link to the FTC on disputing credit report errors:
https://www.consumer.ftc.gov/articles/0151-disputing-errors-credit-reports

All three credit reporting agencies (TransUnion, Experian, Equifax) should be contacted in writing (certified mail return receipt requested) with a clear description of all entries that appear on your reports in error. You should have copies of your reports for your own record and you can make copies of these reports to include with your letters, highlighting the erroneous entries. Send duplicates of the letters to Capital One.

Keep copies of ALL correspondence.

Then I recommend you contact a lawyer who specializes in consumer protection/consumer rights issues to discuss filing a lawsuit against Capital One.

Your complaint does not appear to involve defamation.
 

LdiJ

Senior Member
I am not surprised that you are angry. Capital One has caused you significant difficulties. You could have a claim to pursue against Capital One.

Here is a link to the FTC on disputing credit report errors:
https://www.consumer.ftc.gov/articles/0151-disputing-errors-credit-reports

All three credit reporting agencies (TransUnion, Experian, Equifax) should be contacted in writing (certified mail return receipt requested) with a clear description of all entries that appear on your reports in error. You should have copies of your reports for your own record and you can make copies of these reports to include with your letters, highlighting the erroneous entries. Send duplicates of the letters to Capital One.

Keep copies of ALL correspondence.

Then I recommend you contact a lawyer who specializes in consumer protection/consumer rights issues to discuss filing a lawsuit against Capital One.

Your complaint does not appear to involve defamation.
That won't be helpful unless the OP has the correct Capital One address to send those to. However, if the OP properly challenges things with the credit reporting agencies they will ask for validation from Capital One and Capital One should not be able to validate the entries, therefore they should be removed by the credit reporting agencies for lack of validation.

However if the OP keeps making noise with Capital One as well, the OP might eventually be given the correct Capital One address to send the duplicates to.
 

Dcole0183

Member
You need to tell them that they need to remove the incorrect information from your credit report. At the same time, you should challenge that entry with all three of the credit bureaus.
The problem I see with the credit bureau end of it is the account on our credit now isn’t our account at all. So changes to it isn’t what is needed. It needs to be removed and OUR account put back on our credit correctly. That is t covered in a dispute.
 

Dcole0183

Member
The problem I see with the credit bureau end of it is the account on our credit now isn’t our account at all. So changes to it isn’t what is needed. It needs to be removed and OUR account put back on our credit correctly. That is t covered in a dispute.
Isn’t *
 

quincy

Senior Member
You make that known then when you contact the three reporting agencies and Capital One. Let them know the account appears in error.

And then discuss with a lawyer in your area suing Capital One.
 

quincy

Senior Member
You might want to contact a lawyer who has experience with Capital One consumer complaints (of which there have been many). Capital One’s data breach affected a lot of people.
 

Dcole0183

Member
I am not surprised that you are angry. Capital One has caused you significant difficulties. You could have a claim to pursue against Capital One.

Here is a link to the FTC on disputing credit report errors:
https://www.consumer.ftc.gov/articles/0151-disputing-errors-credit-reports

All three credit reporting agencies (TransUnion, Experian, Equifax) should be contacted in writing (certified mail return receipt requested) with a clear description of all entries that appear on your reports in error. You should have copies of your reports for your own record and you can make copies of these reports to include with your letters, highlighting the erroneous entries. Send duplicates of the letters to Capital One.

Keep copies of ALL correspondence.

Then I recommend you contact a lawyer who specializes in consumer protection/consumer rights issues to discuss filing a lawsuit against Capital One.

Your complaint does not appear to involve defamation.
To be clear and I didn’t put this in the original post. MY side of the loan and this random account it crossed with have the same name. Apparently that’s how the mix up with our account started but that other account didn’t have a co signer with the same name so not sure how they didn’t fix it to begin with. The account showing NOW on both of our credit is someone else’s loan account info but it shows OUR name. So going to dispute it might not even work because Capitol One has to completely remove that account info off our credits and put our actual account info on the credits so we can even make corrections? I don’t want to dispute and find out that Capitol One still hasn’t fixed it on their end and then it’s a lot of down time with the credit bureaus. It’s a lot of “ submit this or that and wait” we know because we have been fixing things for a year now. I am lucky that we are doing this credit thing and are even watching our credits this closely because normally we wouldn’t have and this could have blind sided us more then it did. I just need to hold Capitol One accountable. Apparently for months accountability is not their strongest business policy. Our credit has taken a huge hit with this screw up.
 
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